Resident Requests for Pipeline Plans, Construction Schedule

(For correspondents’ job titles, please see the “Who’s Who” section at the Right-to-Know page.)

March 22, 2013 – Mark Whitfield Email to Russ Bedell, AJ Sulkowski, Rob Cooper, John Sepp and Amy Kerner

“We have received a Right-to-Know request for a copy of the plans for the PSU gas line.  According to the [Borough] solicitor [Terry Williams], we are obligated to give them a copy of the plans, unless they were submitted via cover letter as  “confidential.” They were not submitted as “confidential.” While the plans were copyrighted by PennTerra, it does no[t] relieve us from the responsibilities under the RTK law. Unless you know of another avenue, we will have the plans copied and comply with the RTK request.”

March 25, 2013 – Russ Bedell Email to Mark Whitfield

“Our attorney, Beth Minear, will be contacting your Terry Williams this morning about the Right to Know request. Please give me a call if you have any questions.”

March 27, 2013 – Kimberly Cuccia, Esq., Letter via Email to Terry Williams, Russ Bedell, Mark Whitfield, B.L. Minear

“Columbia submitted the plans to the Borough in trust that they would be protected and Columbia respectfully expects that they be kept as such as provided by Section 67.708 Exceptions for Public Records…”

[including exceptions for critical infrastructure under Homeland Security Act of 2002 and other safety considerations posed by] “others with ill intent,” [and exceptions for] “confidential proprietary information.”

“…in the interest of transparency, tempered with security, Columbia is willing to make the records sought available to the requestor personally, to review, but not photograph, copy or implement another mode of duplication. In that way, we can give personal attention to any questions or concerns without compromising access to critical infrastructure.”

March 27, 2013 – Mark Whitfield Email to Amy Kerner and Tom Fountaine

Paraphrase – A photocopy of the pipeline plan is hanging in the Borough building lobby. Should we remove it before someone takes a picture of it?

——————

March 28, 2013 – Mark Whitfield Email to Russ Bedell, AJ Sulkowski, Rob Cooper, Jim Albitz and Amy Kerner

“Please listen to the attach voicemail [a resident request for the construction schedule]. We were given a detailed schedule, and were asked by you folks not to distribute. However, once it is in our hands, it is a public document. Honestly, we need to give folks a more defined schedule than ‘Starting in April and Complete in October.’ Shall we give the detailed schedule you folks submitted out to the public?  Or do you want to devise something else for the public?”

March 28, 2013 – Russ Bedell Email to Mark Whitfield, AJ Sulkowski, Rob Cooper, Jim Albitz and Amy Kerner

“The detailed schedule that we gave to you was not for wide distribution, but I’ve attached a schedule that can be given out to the public. Please note that construction schedules are subject to change.”

March 28, 2013 – Mark Whitfield to Russ Bedell, AJ Sulkowski, Rob Cooper, Jim Albitz and Amy Kerner

“No offense, but I would be offended if I was given this. There is absolutely no details. If you cannot do better, I have no choice but to give out the schedule you gave us, if we are asked for it. I cannot tell the public, when questioned by them, that I was given a more detailed schedule from Columbia, but I cannot give it to them. I cannot legally do that. Please provide me with a better schedule.”

Research Note:

No documents were attached to the email version downloaded to thumb-drive on April 18. However, paper documents photocopied during our April 18 review session included a detailed construction schedule by Mid-Ohio Pipeline Services dated March 7, 2013: 3.7.13 Pipeline Construction Schedule (pdf of photo)

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